EFFECTIVE DATE: June 4, 2020
Lemmova (“Lemmova,” “we,” “our”) offers a variety of team productivity, collaboration, and organizational tools available online (the “Service”), and website https://lemmova.com (the “Website”). If you have any questions about these User Terms of Service (the “Terms”), please email us at [email protected]. Lemmova has three different types of users depending on the Lemmova products used:
We refer to these three types of users collectively as “Users” or “you” for purposes of these Terms. Regardless of what type of User you are, these Terms create a legal agreement directly between you and Lemmova and explain the rules governing use of the Service and Website. By accessing or using the Service and Website, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Website. We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of the Service and Website after any such update constitutes your acceptance of such changes.
To use the Service and Website you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If Lemmova has previously prohibited you from accessing or using the Service and Website, you are not permitted to access or use the Service and Websites.
These Terms are applicable to Users from whole the world.
To access the Service and Website, you must register for an Lemmova account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Lemmova is entitled to rely on your instructions.
You are responsible for notifying us at [email protected] if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Lemmova will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Lemmova or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Lemmova reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
The Service and Website are owned and operated by Lemmova and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Lemmova and its partners, as well as other sources, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Website are also protected as a collective work or compilation under global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Website. You acknowledge that the Service and Website have been developed, compiled, prepared, revised, selected, and arranged by Lemmova and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Lemmova and such others. You agree to notify Lemmova immediately upon becoming aware of any claim that the Service and Website infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service and Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The Service allows you to create posts and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Lemmova a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Lemmova’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in Lemmova’s sole discretion.
Content submitted to the Service by Customers (“Customer User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Customer User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Lemmova maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Customer User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer User Content is in violation of the Customer Agreement or these Terms; and (iv) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Lemmova and share such Feedback with other users, or the public. By submitting Feedback through the Website, you grant Lemmova a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Lemmova marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Lemmova does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Lemmova for all claims resulting from User Content or Feedback you submit through the Service and/or Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Website only for your own internal use (or, for Customers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Website, including the Lemmova Privacy Policy and these Terms. Lemmova may revoke this license at any time, in its sole discretion.
All Users must comply with the following rules regarding acceptable use of the Service and Website.
Disruption of the Service. You may not:
Misuse of the Service and Website. You may not utilize the Service and Website to carry out, promote or support:
User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Website that:
Violations of this Section 5. In addition to any other remedies that may be available to us, Lemmova reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Website, upon notice and without liability for Lemmova should you fail to abide by the rules in this Section 5 or if, in Lemmova’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Customer, Lemmova reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.
For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an order that was accepted. We also only provide the Service and Website for your internal use. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on the Service and Website. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Service and Website.
The information presented on or through the Service and Website is made available solely for general information purposes. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Website for any reconstruction of any lost data.
The Service and Website may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Lemmova is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Lemmova shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Lemmova reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Website (or any part thereof), with or without notice. You agree that Lemmova shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Website.
Please note that these Terms, and their subject matter and formation, are governed by the laws of Ireland. However, if you are a consumer and resident of any other European country you will benefit from, and if you are a consumer and resident of any country in APAC or the UAE you may benefit from, any mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on any such local law mandatory provisions and legal rights.
You can contact Lemmova at [email protected] if you have any complaints or disputes about the Service. You and Lemmova shall use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or other form of complaint. If we do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, counts, claims or causes of action between you and Lemmova arising out of, under, or related to the Service shall be submitted to the exclusive jurisdiction of the courts of Ireland. However, if you are a resident of any other European country, APAC country or the UAE, you may also bring proceedings in that country.
If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
We may deliver notice to you by e-mail, posting a notice on the Service and Website or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) Lemmova, Ukraine; or (2) [email protected].
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